Harvard Business Services, Inc

The issues involved are extremely complex and often cause problems. However, with the assistance of our business professionals at Odint Consulting, we can guide you through the procedure of filing Delaware Franchise Tax and Annual Report. The report has to be filed before the due date of the 15th of April, or after the auto, extension expires on the 15th.

• Only New Hampshire and Virginia have similar stacked gross receipts taxes.
• For individual taxpayers, the state continues its march to a flat income tax rate of 3.9 percent by 2026.
• This article focuses on businesses that are operating solely in Delaware.
• Similar to the personal income tax, businesses must file a yearly tax return and are allowed deductions such as wages paid, cost of goods sold, and other qualifying business expenses.
• You will also be charged a 1.5 percent monthly interest on the amount due.

It is sometimes referred to as a “hidden tax,” as it leaves taxpayers less well-off due to higher costs and “bracket creep,” while increasing the government’s spending power. All limited liability companies (LLCs), limited partnerships (LPs), and general partnerships (GPs) registered in Delaware are required to pay an annual tax of $300 by June 1st. If the taxes are not paid, there is a penalty of $200 plus 1.5% interest per month on the tax and penalty.

Delaware Annual Report

The state also has a relatively shorter franchise disclosure period than most states, which is six months. Delaware also has a low threshold for qualifying as a franchise, at only $1 million in annual gross receipts. This approach how to adjust accounting records with accruals and deferrals offers lower tax rates when your business has high-value assets. To utilize this approach, fill in the appropriate information in your Annual Franchise Tax Report for the overall gross resources as well as the issued stocks.

• Your authorized share number is the maximum number of shares your corporation could sell based on your corporate bylaws or charter.
• Therefore, if you receive a tax bill for tens of thousands of dollars, it may be in your best interest to try calculating your Delaware Franchise Tax with the assumed par value capital method.
• The term “Franchise Tax” does not imply that your company is a franchise business.
• It is an essential requirement to be able to legally establish your company and maintain good standing in Delaware franchise tax and Annual Report.
• For individual taxpayers, the state hopes to reduce the top rate to 3.99 percent by 2027.
• Beginning in 2024, however, this regime will become elective, allowing taxpayers the freedom to determine in which years to opt for the PTET.

If your APVC is $1,000,001, you do not owe $350, you must round up to $2,000,000, which means you owe $700. Harvard Business Services, Inc. guarantees your annual Delaware Registered Agent Fee will remain fixed at $50 per company, per year, for the life of your company. Since 1981, Harvard Business Services, Inc. has helped form 387,468 Delaware corporations and LLCs for people all over the world.

What other taxes do Delaware corporations need to file/pay?

The Delaware franchise tax for a corporation is slightly more complicated. 4104 which requires taxpayers to use the same filing status on both state and federal income tax returns. This was done, in part, to restrict avoidance of the state’s surtax of 4 percent on incomes exceeding $1 million. In years past, married taxpayers could opt to file jointly on their federal tax return and individually on the state return, which allowed some individuals to avoid paying surtax.

Most VC backed startups will have very low par value shares, meaning that you’ll end up using the assumed par value in the franchise tax calculation. So step 1 in the directions below is what you’ll multiply against your total number of shares, then you divide by 400/1,000,000 to get to what you owe. Note that a single additional authorized share will cause this startup to pay an extra $85. As your Registered Agent, we will send you tax reminders both by mail and email, well in advance of the due date. We offer a tax filing service for a small fee in addition to your Franchise Tax amount.

Do I Need to Submit Anything Else With My Delaware Franchise Tax Payment?

The Delaware Division of Corporations provides two methods to calculate Delaware franchise tax. The first method is based on the authorized share count, and VC-backed startups with option pools can quickly get to thousands of dollars in taxes due. The second method is the “assumed par value” method and is a more complicated formula based on shares issued and the company’s gross assets.

Georgia joins a growing number of states that have either adopted or are considering a flat tax. In 2024, the Peach State will collapse its six individual income tax brackets into one at a rate of 5.49 percent, per legislation signed by Governor Kemp in 2022. At present, and subject to statutory delays, this rate could be reduced by 0.1 percent each year until it reaches 4.99 percent. In addition to corporations, Delaware limited liability companies (LLCs), general partnerships, limited partnerships (LPs) and limited liability partnerships (LLPs) must also pay franchise taxes. Let’s imagine a Delaware-incorporated company reported total gross assets of $1,000,000 on their federal taxes this year. In addition to the corporate income tax, Delaware has a gross receipts tax which also applies to most purchases and transactions made by businesses and corporations.

Authorized Shares Method

You will also be charged a 1.5 percent monthly interest on the amount due. Your Delaware franchise tax due date depends on the type of business you own. This article focuses on businesses that are operating solely in Delaware. If your business is operating in multiple states, your business may have “nexus” with those other states. This means that you’re likely to need to pay taxes in those states. Foreign corporations, those that are formed outside of Delaware, cannot file online.

The annual report fee is $50 and the tax would be somewhere between $200 and $200,000 per year, as illustrated below. A corporation with 5,000 authorized shares or less is considered a minimum stock corporation. The Delaware annual report fee is $50 and the tax is $175 for a total of $225 due per year. You must file your annual report if your business is a corporation and pay your franchise tax and filing fee by March 1.